G.R. No. 248584 - Valenzona vs. People

Felix G. Valenzona, as President of ALSGRO Industrial and Development Corporation, executed two Contracts to Sell on March 24, 2003 with Ricardo B. Porteo covering Lots 17 and 19 in Bayfair of Margana Subdivision, Muntinlupa City, at ₱600,000 each, payable in installments.
Porteo paid ₱499,000 by September 2003, then defaulted; ALSGRO denied his refund request. Upon inquiry, Porteo discovered via a January 18, 2006 Registry of Deeds certification that the contracts were never registered and that the lots had been re-sold on July 6, 2004.

On January 16, 2008, an Information charged Valenzona with willfully failing to register the Contracts to Sell in violation of Section 17, P.D. 957, in relation to Section 39 thereof, punishable under the Subdivision and Condominium Buyers’ Protective Decree.
The RTC (Branch 203, Muntinlupa) on May 29, 2014 convicted Valenzona beyond reasonable doubt, imposing an indeterminate sentence of 1–2 years imprisonment and a ₱20,000 fine. The court held the offense was complete upon non-registration within 180 days and that as President he was criminally liable per Section 39.
The CA, in a June 29, 2018 Decision and July 24, 2019 Resolution, denied Valenzona’s appeal and motion for reconsideration, affirming the RTC’s findings despite an amicable settlement and affidavit of desistance between Valenzona and Porteo.
Valenzona filed a Rule 45 Petition for Review on Certiorari before the Supreme Court, contending lack of proof of his direct and active participation in the non-registration and reliance on mere corporate status.

Whether the prosecution established beyond reasonable doubt that Valenzona, as ALSGRO’s President, had the volition, active participation, or power to prevent the non-registration of the subject Contracts to Sell, thus making him criminally liable under Section 17 and Section 39 of P.D. 957.